Health Systems Research Unit

Environmental management under the new dispensation
Linking health and environment in Cape Town, South Africa: The view from local government, July 1998

The transition to democracy in South Africa has seen the evolution of one of the most progressive Constitutions in the world. This is reflected in the far-reaching environmental right (section 24), which sits within the Bill of Rights of the Constitution (Act 108 of 1996). Of interest is the fact that this right is firmly expressed as an environmental health right, thus encapsulating the nexus of this study: "Everyone has the right to an environment that is not harmful to their health or well-being". Further clauses speak of the need to protect the environment for present and future generations through legislative and other measures, so that ecologically sustainable development is secured. Health care, food, water and social security are also expressed as basic human rights (section 27 of the Bill of Rights). Administrative justice provisions and the broadening of locus standii provide better tools than ever before for environmental justice. In terms of the Constitution, national and provincial governments have concurrent responsibility for environmental management, as indeed they do for health services, within a framework of cooperative governance. Despite these Constitutional provisions, and the firm linkage of environment with health in the supreme law of the land, much needs to be done in practice before the environment / health linkage becomes broadly recognised and institutionalised within government structures.

Since 1994 there has been an ‘explosion’ of policy making. The national Department of Environmental Affairs and Tourism (DEA&T) is currently involved in more than 20 different policy initiatives, many of which have implications for local government. Policy development around local government per se is similarly dynamic. Thus many in local government are struggling to stay abreast of current policy developments, and are not able to input in a meaningful way into the formulation of policies which will directly impact on their existence and operation.

For example, a national Policy on Environmental Management has recently been developed with broad consultation (White Paper on Environmental Management Policy for South Africa). In order to implement the policy, National Environmental Strategy and Action Plans (NES&Aps) are to be formulated.

What does government understand by "environment". The broad definition of the term "environment", hinted at in the wording of the Constitutional right, has been taken further in national guidelines for Integrated Environmental Management (IEM) issued by the DEA&T in 1992. These guidelines have recently been adapted and partially formalised into legislation in the form of Environmental Impact Assessment (EIA) regulations. These guidelines provide a framework for the identification of activities which may be detrimental to the environment and which would therefore require environmental assessment before approval. The national environmental management policy further develops the direction adopted by the IEM guidelines through a broad definition of the term environment as "the conditions and influences under which any individual or thing exists, lives or develops". This is elaborated as including the natural environment as well as social, political, cultural, economic and working factors, and natural and constructed spatial surroundings (Government of the RSA, 1997).

Within the CMA, an agreement on Powers and Duties between all seven local government structures locates responsibility for environmental management functions in both the CMC and the MLCs. The Agreement, a locally negotiated compromise, is largely couched in broad terms, with the focus of CMC's responsibility on a metropolitan scale while MLC activities are to focus on a local scale. This has not, however, been without controversy, as subsequent sections of this report will explore. The overall thrust is that CMC should play an overarching policy development and coordination role and have responsibility for bulk metro-scale services such as bulk water supply and sewage. The MLCs will be responsible for policy and rendering of services direct to communities. In some cases, such as transportation planning and air pollution control, the CMC has sole responsibility. Macro organisational structure differs to some extent in each of the seven new local government structures in the CMA. In most cases, however, responsibility for actual delivery of services such water, sewage and solid waste management does not lie with the departments in which either environmental management or environmental health sections are located. This has obvious implications for policy making, as discussed later in this report.